Federal lawsuit filed over violent arrest of day laborer by San Rafael police
SAN RAFAEL – A man who was allegedly assaulted by a police officer in San Rafael filed a federal civil rights lawsuit this week against both the officer and his partner, as well as the city and its Police Department, according to court records.
The suit stems from a July 27, 2022 encounter captured on a police body-worn camera.
On the video, Julio Lopez, a gardener at the time in Sausalito, could be seen on an industrial side street in the Canal District of San Rafael sitting on the curb with two of his friends. They were drinking beer.
Officer Daisy Mazariegos asked the men what they were doing, and they responded, "nothing."
Mazariegos pointed out the open containers of beer and asked to see one man's identification.
At that point, Officer Brandon Nail arrived. As the man stood up, seemingly to get his ID from his pants, Nail can be heard yelling, "Hey, sit the f--- down!"
Mazariegos again asked to see the man's ID, but he said he couldn't get it unless he stood up. As he did so, Mazariegos told him to sit down and then Nail forced him to the ground, punched him in the nose and pushed his face into the asphalt.
As the man was taken to the squad car, his face bright red with blood, he could be heard saying "I didn't do anything."
Last month, both Nail and Mazariegos were charged by the Marin County District Attorney's Office with assault by an officer under color of authority and making false statements on a crime report.
The suit filed Monday alleges that Nail grabbed Lopez and "grappled him to the ground" and then repeatedly hit him.
"Defendant Brandon Nail punched Mr. Lopez numerous times, causing bilateral nasal fractures which bled profusely, and causing Mr. Lopez to sustain a concussion and traumatic brain injury," the claim alleges.
Lopez's attorneys also allege that his shoulder was injured, which required surgery. They are asserting that there was no probable cause to detain him and that officers used excessive force.
The plaintiffs also allege that both officers received inadequate training and that the city and police should have known that this lack of training could result in a deprivation of rights for those detained. Lopez's attorneys allege both Nail and Mazariegos along with other officers have shown a pattern of excessive force, unreasonable search and seizures and violations of constitutional rights.
Lopez is suing for compensatory, punitive and statutory damages with interest, as well as attorney's fees.
Lt. Scott Eberle from the San Rafael Police Department said that the city does not typically comment on pending litigation.
